When a will is not a will but is a community property survivorship agreement

Robert Ray

A community property survivorship agreement is similar to a will but it does not have to be executed with the formalities required of a will. The agreement has to be signed by both parties and has to use certain words as described by the statute.
The effect of the agreement is to transfer all of the community property owned by husband and wife to the survivor when one dies. That sounds like a will doesn’t it? However, it is not a will but is just an agreement. Since it is an agreement and not a will, the requirements of execution under a will did not apply to an agreement. The agreement doesn’t transfer separate property, just community property. 112.001.

I have an article on my blog about a 2019 case involving community property survivorship agreements. You can view that here.

Your Privacy

We take your privacy very seriously. We are keenly aware of the trust you place in us and our responsibility to protect your privacy. We treat all information provided to us with care and discretion.

Robert Ray is Board Certified

Robert Ray is the Editor and owner of this site. Board Certified, Personal Injury Trial Law — Texas Board of Legal Specialization.

We handle cases throughout Texas. Our principal office is in Lantana, Texas (DFW area).

Robert Ray Texas Inheritance

Click here to email us or to go to the contact form if you want to contact us about a Texas inheritance dispute.

UPDATES

There are new cases all the time that clarify or change the law on inheritance disputes. Keep up-to-date by subscribing to our blog.

'

Subscribe

Recent Posts

Pretermitted Spouse in Texas

Pretermitted Spouse in Texas

Pretermitted Spouse in Texas. Texas does not recognize a pretermitted spouse, but other states, including New Mexico, do. I have written articles about a pretermitted spouse here and here. Even though Texas doesn't recognize a pretermitted spouse, do they have...

Problems filing in the wrong court

Problems filing in the wrong court

What happens if you miss-file your claims When a case or claim is filed in the wrong court, you may lose your claim without being heard. If your case is dismissed after the statute of limitations has run, you are out of luck no matter how good your claim was....

Texas Requirements For A Common Law Marriage

Texas Requirements For A Common Law Marriage

Texas Common-law Marriage Texas recognizes common-law marriages or what Texas calls "Informal Marriages." There are two different ways you can have an informal marriage: Agreeing to be married; living together in Texas after the agreement; and, representing to others...

Definition of Putative Spouse in Texas

Putative Spouse in Texas A putative spouse is one who has a good faith belief that he or she is married but who is not legally married. An example will give a clearer picture. A man and a woman get married either through a formal marriage or an informal,...

Deathbed Marriages in Texas

What are deathbed marriages in Texas Deathbed or predatory marriages are when someone such as a friend, a caregiver or other person, by hook or by crook, marries the elderly person. I have written about those situations on my blog. The marriage is not based on the...

Can Spouses Inherit – Including Common Law

What does a Texas spouse inherit? If there is a will, the will determines what property a spouse inherits. If there is no will, what a spouse inherits is determined by the type of property in the estate and what other heirs of the deceased exist. A review of the...

The Author

Robert Ray

Robert Ray handles inheritance disputes of all kinds. He takes cases throughout Texas.
© Copyright 2023 | All Rights Reserved.

Pin It on Pinterest

Share This